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of <h1>Court orders issuance of Customs House Agents License under 2004 regulations based on petitioner's eligibility, citing Regulation 10.</h1> The Court directed the respondents to issue the Customs House Agents License to the petitioner under the 2004 regulations, as the petitioner had fulfilled ... Grant of Customs House Licence - Regulation 9 of the Customs House Agents Licensing Regulations, 1984 – Petitioners had qualified in the written examination, prior to the coming into force of the regulations issued in the year, 2004 - Petitioners had qualified in the oral examination after the new regulations had come into force – Held that:- It’s appropriate to direct the respondents to issue the necessary certificate granting the Customs House Agents Licence to the petitioner, as per Regulation 9 of the Customs House Agents Licencing Regulations, 2004, on the petitioner complying with the requirements prescribed under Regulation 10 of the said regulations. Issues:Grant of Customs House Agent license under different regulations.Analysis:The petitioner appeared in the Customs House Agent written and oral examinations under the Customs House Agents Licensing Regulations, 1984, and was declared qualified by the Commissioner of Customs. The licensing of the petitioner as a customs house agent is governed by various regulations issued over the years, starting from 1965 to 2004. The new regulations in 2004 required those who passed examinations under the 1984 regulations to pass an additional examination for new papers introduced in 2004. The petitioner, along with others, had previously obtained a court order directing the issuance of licenses for those who qualified in the written exam before the new regulations came into force but passed the oral exam after. This decision was upheld in a writ appeal. Additionally, a similar decision was made by the Gujarat High Court and the Madras High Court in different cases.The petitioner's counsel relied on a Supreme Court decision which upheld a Delhi High Court ruling stating that those who cleared exams under the 1984 regulations were eligible for licenses under the new regulations in 2004, provided they met other eligibility conditions. The petitioner fulfilled these criteria as they had passed both written and oral exams before the new regulations took effect. The respondents' counsels could not establish the petitioner's ineligibility under the new regulations, as the petitioner had successfully completed the exams under the old regulations.Considering the arguments presented and the precedents cited, the Court found it appropriate to direct the respondents to issue the necessary certificate granting the Customs House Agents License to the petitioner under the 2004 regulations, upon the petitioner fulfilling the requirements outlined in Regulation 10, within eight weeks from the date of the order. The writ petition was ordered accordingly, with no costs imposed.
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